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(영문) 서울고등법원 2014.11.13 2013나2021725
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. The Defendant and C entered into bilateral partnership agreements between the Defendant and C with each other and jointly engaged in the business of producing and selling low-price television in the trade name of “D” (hereinafter “instant business”) on October 4, 201, and entered into a partnership agreement with the Defendant and C with the trade name of “D” on October 18, 2011, on which they jointly represent the Defendant and C as joint representatives.

B. In order to secure the capital for the instant business, the Defendant and C agreed to make an investment in the partnership agreement between the Defendant, the Plaintiff, and the Plaintiff, and C. The Defendant and C, upon completion of the business explanation on the instant business to the Plaintiff and E on October 31, 201, followed the Defendant and C, respectively, and the Plaintiff and E agreed to make an investment in the amount of KRW 25 million out of each of the 200 million investments, and the remainder of KRW 175 million with interest-free loans. The Defendant and E agreed to distribute profits generated from the instant business to the Plaintiff, the Plaintiff, and E, other than the Defendant and C, through the incorporation of D into a corporation, and agreed to distribute shares in accordance with the equity shares of the Defendant, the Plaintiff, the Plaintiff, and E did not participate in the instant business in the following manner:

On September 29, 2011, the Defendant deposited KRW 17 million in the foreign exchange bank account (C’s investment KRW 10 million) in the name of C, including the KRW 10 million received from the Defendant’s bank account (Account Number F; hereinafter “Defendant’s bank account”) on September 29, 201, the Defendant deposited KRW 17 million in the foreign exchange bank account (Account Number G; hereinafter “instant account”).

C. .

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